Legislature(2019 - 2020)BUTROVICH 205

03/20/2019 03:30 PM RESOURCES

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Audio Topic
03:30:26 PM Start
03:31:00 PM SB51
04:05:39 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 51 NATL. RES. WATER NOMINATION/DESIGNATION TELECONFERENCED
Heard & Held
-- Public Testimony - Sign Up by 4:30 p.m. --
<Time Limit May Be Set>
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE RESOURCES STANDING COMMITTEE                                                                             
                         March 20, 2019                                                                                         
                           3:30 p.m.                                                                                            
                                                                                                                                
                             DRAFT                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Chris Birch, Chair                                                                                                      
Senator John Coghill, Vice Chair                                                                                                
Senator Cathy Giessel                                                                                                           
Senator Lora Reinbold                                                                                                           
Senator Click Bishop                                                                                                            
Senator Scott Kawasaki                                                                                                          
Senator Jesse Kiehl                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 51                                                                                                              
"An Act requiring  the designation of state  water as outstanding                                                               
national  resource  water  to  occur  by  law;  relating  to  the                                                               
authority of  the Department  of Environmental  Conservation, the                                                               
Department  of  Fish and  Game,  and  the Department  of  Natural                                                               
Resources  to  nominate  water  for  designation  as  outstanding                                                               
national resource  water; relating  to management  of outstanding                                                               
national  resource  water  by  the  Department  of  Environmental                                                               
Conservation; and providing for an effective date."                                                                             
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 51                                                                                                                   
SHORT TITLE: NATL. RES. WATER NOMINATION/DESIGNATION                                                                            
SPONSOR(s): RESOURCES                                                                                                           
                                                                                                                                
02/11/19       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/11/19       (S)       RES, FIN                                                                                               
03/15/19       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
03/15/19       (S)       Heard & Held                                                                                           
03/15/19       (S)       MINUTE(RES)                                                                                            
03/20/19       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REBECCA LOGAN, CEO                                                                                                              
The Alaska Support Industry Alliance                                                                                            
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 51.                                                                            
                                                                                                                                
OWEN PHILLIPS, External Affairs Coordinator                                                                                     
The Alaska Support Industry Alliance                                                                                            
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 51.                                                                            
                                                                                                                                
HEATHER LENDE, representing self                                                                                                
Haines, Alaska                                                                                                                  
POSITION STATEMENT: Testified in opposition of SB 51.                                                                         
                                                                                                                                
JAN HILL, Mayor                                                                                                                 
Haines Borough                                                                                                                  
Haines, Alaska                                                                                                                  
POSITION STATEMENT: Testified that the Haines Borough did not                                                                 
have a position on SB 51.                                                                                                       
                                                                                                                                
PETE NOLAN, Member Services Director                                                                                            
Alaska Chamber                                                                                                                  
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 51.                                                                            
                                                                                                                                
MARLEANNA HALL, Executive Director                                                                                              
Resource Development Council for Alaska, Inc.                                                                                   
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 51.                                                                            
                                                                                                                                
BRENDA JOSPHESON, representing self                                                                                             
Haines, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 51.                                                                            
                                                                                                                                
KIMBERLEY STRONG, Tribal Council President                                                                                      
Chilkat Indian Village                                                                                                          
Klukwan, Alaska                                                                                                                 
POSITION STATEMENT: Testified in opposition of SB 51.                                                                         
                                                                                                                                
JIM CLARK, representing self                                                                                                    
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 51.                                                                            
                                                                                                                                
DEANTHA CROCKETT, Executive Director                                                                                            
Alaska Miners Association                                                                                                       
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 51.                                                                            
                                                                                                                                
GUY ARCHIBOLD, Staff Scientist                                                                                                  
Southeast Alaska Conservation Council                                                                                           
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in opposition of SB 51.                                                                         
                                                                                                                                
SARAH DAVIDSON, Inside Passage Waters Program Manager                                                                           
Southeast Alaska Conservation Council                                                                                           
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in opposition of SB 51.                                                                         
                                                                                                                                
VIKKI JO KENNEDY, representing self                                                                                             
Kodiak, Alaska                                                                                                                  
POSITION STATEMENT: Testified in opposition of SB 51.                                                                         
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
                                                                                                                                
3:30:26 PM                                                                                                                    
CHAIR CHRIS BIRCH called the  Senate Resources Standing Committee                                                             
meeting to order  at 3:30 p.m. Present at the  call to order were                                                               
Senators Kawasaki,  Reinbold, Bishop,  Giessel, Kiehl,  and Chair                                                               
Birch.                                                                                                                          
                                                                                                                                
         SB 51-NATL. RES. WATER NOMINATION/DESIGNATION                                                                      
                                                                                                                                
3:31:00 PM                                                                                                                    
CHAIR BIRCH  announced the  consideration of  Senate Bill  51 (SB                                                               
51).                                                                                                                            
                                                                                                                                
3:31:34 PM                                                                                                                    
CHAIR BIRCH opened public testimony.                                                                                            
                                                                                                                                
3:32:11 PM                                                                                                                    
REBECCA  LOGAN,  CEO,  The   Alaska  Support  Industry  Alliance,                                                               
Anchorage, Alaska, testified in support  of SB 51. She noted that                                                               
committee members received  a letter of support  from a collation                                                               
of trade associations  expressing their support for  the bill. SB                                                               
51 defines  a process  that is  put into  statute so  that people                                                               
know  what  the  designation  is for  a  predictable  and  stable                                                               
process.                                                                                                                        
                                                                                                                                
3:33:20 PM                                                                                                                    
OWEN PHILLIPS,  External Affairs Coordinator, The  Alaska Support                                                               
Industry Alliance, Anchorage, Alaska,  testified in support of SB                                                               
51. He said  he agreed with the argument to  not allow high level                                                               
decisions to a  singular appointed commissioner or  group who may                                                               
be swayed by  politics or bias. SB 51 allows  input from multiple                                                               
sources and  defines a clear  path to  the designation of  Tier 3                                                               
waters, a designation that should not be taken lightly.                                                                         
                                                                                                                                
3:33:37 PM                                                                                                                    
SENATOR COGHILL joined the committee meeting.                                                                                   
                                                                                                                                
3:34:56 PM                                                                                                                    
HEATHER LENDE,  representing self,  Haines, Alaska,  testified in                                                               
opposition of  SB 51. She opined  that SB 51 will  make it harder                                                               
to protect the  environment and wildlife. She  suggested that the                                                               
United Tribes  of Bristol Bay's plan  be put forward as  the best                                                               
way to serve all Alaskans for generations to come.                                                                              
                                                                                                                                
3:36:43 PM                                                                                                                    
JAN HILL,  Mayor, Haines Borough, Haines,  Alaska, testified that                                                               
the Haines  Borough did not  have a position  of SB 51.  She said                                                               
having  a  fair process  to  make  the  Tier 3  determination  is                                                               
important. She noted  that there are two  nominations pending for                                                               
the Tier 3 designation of the  Chilkat River. She said the Tier 3                                                               
process  must engage:  the people  that live  within a  nominated                                                               
river watershed, professional agencies,  and the legislature. The                                                               
Haines  Borough  recommends that  a  review  by the  Division  of                                                               
Community and Regional Affairs be included.                                                                                     
                                                                                                                                
SENATOR  KIEHL  asked  Mayor  Hill  if  the  borough's  idea  for                                                               
"Community and Regional Affairs" is  for a public consultation or                                                               
a municipal government process.                                                                                                 
                                                                                                                                
MAYOR HILL  answered that the  process could be a  combination of                                                               
both. People  of the community must  be engaged as well,  and the                                                               
borough  believes  that  could   happen  through  "Community  and                                                               
Regional Affairs."                                                                                                              
                                                                                                                                
3:39:37 PM                                                                                                                    
PETE NOLAN, Member Services  Director, Alaska Chamber, Anchorage,                                                               
Alaska, testified in support of SB  51. He said the chamber was a                                                               
signatory  on   a  letter  submitted  to   the  Senate  Resources                                                               
Committee   on   behalf  of   a   number   of  Alaskan   business                                                               
organizations in  support of  the bill. He  said the  Clean Water                                                               
Act requires  the state to have  a policy and process  for Tier 3                                                               
water designation.  The authority  for Tier 3  designation should                                                               
lie solely with the legislature.                                                                                                
                                                                                                                                
3:41:20 PM                                                                                                                    
MARLEANNA HALL, Executive  Director, Resource Development Council                                                               
for Alaska, Inc.,  Anchorage, Alaska, testified in  support of SB                                                               
51. She said  the Tier 3 designation idea has  been identified by                                                               
groups opposed to all development  in Alaska and without a proper                                                               
designation process, unnecessary nominations  will be made. SB 51                                                               
will  help  protect land  and  access  for Alaska's  communities,                                                               
native corporations, and  rural development projects. Unnecessary                                                               
dollars  may have  to be  spent on  questionable nominations  and                                                               
resulting litigation without a proper designation process.                                                                      
                                                                                                                                
3:43:14 PM                                                                                                                    
BRENDA  JOSPHESON, representing  self, Haines,  Alaska, testified                                                               
in  support  of  SB  51.  She  said  Tier  3  designations  place                                                               
significant restrictions  on communities in a  watershed area and                                                               
there is  no mechanism  to undo  such a  designation. The  Tier 3                                                               
designation replaces management  and enforcement of science-based                                                               
water quality standards and regulations  with a total prohibition                                                               
of any new  or expanded discharges. The Tier  3 designations must                                                               
be  recommended  by  agencies  and  communities,  but  the  final                                                               
decision should remain with the legislature.                                                                                    
                                                                                                                                
3:44:50 PM                                                                                                                    
KIMBERLEY  STRONG,  Tribal   Council  President,  Chilkat  Indian                                                               
Village, Klukwan, Alaska,  testified in opposition of  SB 51. She                                                               
said  the  Chilkat  Indian  Village   has  asked  for  a  Tier  3                                                               
designation of the Chilkat River.  SB 51 will require the village                                                               
to go  through multiple commissioners,  the legislature,  and the                                                               
governor  for  a  designation.  She opined  that  the  bill  will                                                               
eliminate the ability  for the Chilkat River to receive  a Tier 3                                                               
designation.                                                                                                                    
                                                                                                                                
3:48:30 PM                                                                                                                    
JIM  CLARK,  representing  self,  Juneau,  Alaska,  testified  in                                                               
support of SB 51. He noted  that Tier 3 designations sets aside a                                                               
whole watershed that  is de facto wilderness  and the designation                                                               
should be done by the legislature  as is done for state parks. SB                                                               
51 codifies  existing DEC policy  and would provide  certainty to                                                               
the public.                                                                                                                     
                                                                                                                                
3:51:58 PM                                                                                                                    
DEANTHA CROCKETT, Executive  Director, Alaska Miners Association,                                                               
Anchorage,  Alaska, testified  in support  of SB  51. She  said a                                                               
Tier 3  designation results in significant  restrictions and some                                                               
prohibitions on  land and water  uses and will  cause significant                                                               
adverse  social and  economic impacts.  When a  designation of  a                                                               
Tier  3  water so  effectively  restricts  the uses,  the  Alaska                                                               
Miners Association thinks  that the result is  a land designation                                                               
and the authority for the  designation should lie solely with the                                                               
legislature.                                                                                                                    
                                                                                                                                
3:55:25 PM                                                                                                                    
GUY  ARCHIBOLD, Staff  Scientist,  Southeast Alaska  Conservation                                                               
Council, Juneau,  Alaska, testified  in opposition  of SB  51. He                                                               
emphasized  that a  Tier  3 designation  is a  not  a barrier  to                                                               
development.  He opined  that the  scale is  heavily weighted  in                                                               
favor of developers who seek  to pollute Alaskan waters. He asked                                                               
at  what point  does  the  state's government  and  laws fail  to                                                               
protect its citizens.                                                                                                           
                                                                                                                                
3:59:15 PM                                                                                                                    
SARAH DAVIDSON, Inside Passage  Waters Program Manager, Southeast                                                               
Alaska  Conservation   Council,  Juneau,  Alaska,   testified  in                                                               
opposition of SB 51. She asserted  that the cost of making Tier 3                                                               
designations more difficult will  be borne by future generations.                                                               
She said proponents of  SB 51 say that a Tier  3 designation is a                                                               
land-use  issue and  therefore a  legislative  decision, but  the                                                               
decision  is   a  moral  issue   for  prioritizing   clean  water                                                               
resources.                                                                                                                      
                                                                                                                                
4:03:12 PM                                                                                                                    
VIKKI JO  KENNEDY, representing  self, Kodiak,  Alaska, testified                                                               
in opposition of SB 51.                                                                                                         
                                                                                                                                
4:05:02 PM                                                                                                                    
CHAIR BIRCH closed public testimony.                                                                                            
                                                                                                                                
4:05:10 PM                                                                                                                    
CHAIR BIRCH held SB 51 in committee.                                                                                            
                                                                                                                                
4:05:39 PM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
Chair  Birch adjourned  the Senate  Resources Standing  Committee                                                               
meeting at 4:05 p.m.                                                                                                            

Document Name Date/Time Subjects
SB51 40 CFR Part 131.pdf SRES 3/20/2019 3:30:00 PM
SB 51
SB51 Coalition Letter 3.19.19.pdf SRES 3/20/2019 3:30:00 PM
SB 51
SB51 Sealaska Letter 3.19.19.pdf SRES 3/20/2019 3:30:00 PM
SB 51
SB51 DEC ONRW Processes Examples 3.19.22.pdf SRES 3/20/2019 3:30:00 PM
SB 51